Buying a Share in a Polish Property — What to Watch Out For

Someone offers to sell you "half a house", or a share in a flat inherited from a family member — the price looks attractive, because it's not the whole property. Before you sign the akt notarialny (the notarial deed — the official document a Polish civil-law notary draws up and both parties sign to transfer title), it's worth understanding what you're actually buying: not a physical room or a specific part of the plot, but a fractional right to the whole thing, shared with the other co-owners. That comes with consequences sellers rarely mention.

This guide is general legal information, not legal advice. We don't guarantee the outcome of any case — every purchase of a share in a Polish property depends on its legal status, the terms of the contract, and the specific circumstances. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or notary. Twoja Sprawa helps you organise the documents for that assessment.

Key points

• A share in a property is a fractional right to the whole thing, not to a physically separate part of it — if you buy a 1/2 share in a house, you become a co-owner of the entire building and plot, not of "your half" in any physical sense.
• Selling a share on the resale market requires a notarial deed — exactly like selling the whole property.
• As a rule, a co-owner can sell their share without the other co-owners' consent — but there are specific situations where someone else may have a right of first refusal.
• Using jointly owned property is subject to restrictions — every co-owner has the right to co-possess and use the whole property, but only in a way that doesn't clash with the rights of the others.
• Any co-owner can apply at any time to have the co-ownership dissolved — a risk that buyers of a share often don't think about, and one that can end with the whole property being sold at auction.
• You need to check the land and mortgage register before buying — it shows how many co-owners there are, what their shares are, and whether the property carries any charges.

What co-ownership by shares actually means, and what you're buying

Co-ownership by shares (współwłasność ułamkowa) means several people hold title to the same property, each entitled to a defined fraction of that title (e.g. 1/2, 1/3, 3/4) — not a physically separate part of the building or plot. This is governed by the co-ownership provisions of the Polish Civil Code (Kodeks cywilny).

The practical consequence: if you buy a 1/2 share in a detached house, you're not buying a specific floor or a specific room — you become a co-owner of the entire property in that fraction, alongside the other co-owner (or co-owners, if there are more). Unless the co-owners have entered into an agreement on how the property is used (known as quoad usum — an agreement dividing use, not ownership, of jointly held property) or formally dissolved the co-ownership, in principle each of them can use any part of the property.

Many people buy a share thinking they're acquiring, say, "their own flat on the first floor", when legally they're buying a fraction of the whole — and the actual division of use is a separate, often informal arrangement between co-owners that doesn't always bind someone who later buys a share.

Co-owners' right of first refusal — do the others have to consent to a sale

This is one of the more common myths on this topic. As a general rule, a co-owner can dispose of their own share independently, without needing the other co-owners' consent — selling a share is treated separately from actions affecting the property as a whole, which may require the consent of all (or a majority of) co-owners.

That doesn't mean a right of first refusal never applies. In certain situations, specific statutes may give other parties priority to buy a share being sold — agricultural land, for instance, can be subject to special rules of this kind.

Practical tip: before buying a share, ask the notary directly whether any statutory right of first refusal applies in this specific case, and whether it has been properly dealt with. Skipping this step could, in an extreme case, affect the validity of the transaction.

Restrictions on using property held in co-ownership

Buying a share also means buying restrictions. Co-owners have the right to jointly possess and use the shared property to the extent this can be reconciled with joint possession and use by the other co-owners. In practice, this means:

• You can't unilaterally decide how the whole property is used — for example, letting out the entire house without regard to the other co-owners' interests.
• Acts exceeding ordinary management (a major renovation, changing the building's use, charging the property, etc.) generally require the consent of the other co-owners or of a majority of the shares, depending on the nature of the act.
• Income and running costs are usually split in proportion to each person's share.
• Disagreements over how the property is used can end up in court if the parties can't reach agreement informally.

If you plan to buy a share intending to, say, let out a specific room or flat, agree the rules on use in writing with the other co-owners.

The risk of the co-ownership being dissolved after you've bought your share

This is the risk least often mentioned when a share is sold, and one worth weighing before you sign anything. Every co-owner has the right to apply for the co-ownership to be dissolved — and, as a rule, this is a right that can be exercised at any time.

That means one of the co-owners — even against your wishes — can apply to the court to have the co-ownership dissolved. Depending on the circumstances, the court can divide the property physically (where possible), award it to one co-owner with compensation paid to the others, or order the property sold with the proceeds divided.

For a buyer of a share, this is a real risk: even if your plan was long-term, another co-owner can initiate proceedings at any point that lead to the whole property being sold. It's worth weighing this risk before you buy — especially where relationships between the co-owners are strained, or you don't know them.

Checking the land and mortgage register, and tax on buying a share

Before signing any contract, check the property's księga wieczysta (land and mortgage register — free to search at ekw.ms.gov.pl) — it will show how many co-owners there are, what their shares are, and whether the property carries a mortgage, easement, or other charge. Check carefully whether a charge applies to the whole property or only to a specific co-owner's share.

Just as with buying a whole property, a contract to buy a share on the resale market must be made as a notarial deed, on pain of invalidity, and the notary, acting as tax collector, deducts PCC (the Polish civil-law transaction tax, podatek od czynności cywilnoprawnych) at 2% of the market value of the share being bought. On a later sale, PIT (Polish personal income tax) may also apply to the gain between the sale price and purchase price, with a possible exemption after 5 years — the rules are the same as for a whole property.

Frequently asked questions

Can I buy a share without the other co-owners' consent?

As a general rule, yes — a co-owner can dispose of their own share independently, without needing the other co-owners' consent, except in specific situations set out in separate provisions.

As a co-owner, can I move into a specific room or floor?

Legally, you're buying a share in the whole property, not in a physically separate part of it. Dividing up actual use requires a separate arrangement with the other co-owners — ideally in writing.

Can another co-owner force me into a sale of the whole property?

They can apply to the court for the co-ownership to be dissolved, and in some circumstances the court can order the whole property sold and the proceeds divided.

Do I pay different tax when buying a share compared with buying a whole property?

The rules are the same — 2% PCC on the market value of the share when buying on the resale market, and possible PIT on any gain on a later sale, with a potential exemption after 5 years of ownership.

Need help with this?

Buying a share in a Polish property is a transaction where it's worth checking more than just the price and the physical condition of the building — the land and mortgage register, the relationship between the co-owners, and the risk of a future dispute all matter. Twoja Sprawa helps you organise the documentation before you meet a notary or lawyer.

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• Land and mortgage register — how to check a property before buying
• Buying a Polish flat with a mortgage on it — is it safe?
• All guides on buying property